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Theory of law. Legal ethnography, or the theoretical fruits of inquiries into folkways
Journal Title: SOCIOLOGIA DEL DIRITTO  
Author/s: Csaba Varga 
Year:  2010 Issue: Language: English 
Pages:  21 Pg. 81-101 FullText PDF:  358 KB
DOI:  10.3280/SD2010-001004
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Encounters - Disciplines -The lawyerly interest - Law and/or laws - Conclusion. Rechtliche Volkskunde is distinguished from legal anthropology, and the latter from both legal ethnology and legal pluralism, as well as from research on aboriginal law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to Ethnologischer Jurisprudenz and anthropology of law, taken as directions within the field of jurisprudence. For the time being, none of the first has erected its own theories, nor has socio-ethnography interfered with legal theorising. Since Ehrlich and Weber realised that laws may prevail independently of the states’ "Westphalian duo", a number of attempts at both extending and narrowing the law’s usual remit has been tested. Considering the pendulum movement between monism and pluralism in a historical perspective, renaming what is at stake by altering the terminology is not and should not be a primary issue. As formulated by the author a quarter of a century ago, "Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of inter- ests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society".

Csaba Varga, in "SOCIOLOGIA DEL DIRITTO " 1/2010, pp. 81-101, DOI:10.3280/SD2010-001004

   

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